Sex-abuse trial may face hitch

Defendant's absence complicates hearing's status, attorneys say

February 15, 2006|By Hal Dardick, Tribune staff reporter.

Although a Will County judge Tuesday set a trial date for a pedophile suspect who appears to have fled prosecution, his defense attorney and the prosecutor on the case said the defendant cannot be tried in his absence.

Circuit Judge Robert Livas set a May 22 trial for Benyam Bereket-Ab, a 20-year-old southwest suburban man accused of repeatedly sexually assaulting a younger female relative.

Chuck Bretz, the young man's attorney, said he did not believe his client could be tried without being present in court because no judge had admonished him that could happen if he failed to show up.

First Assistant State's Atty. Gregory DeBord agreed, saying the admonishment was necessary, based on his review of case law on the subject.

The issue arose because Livas was set Tuesday to hear arguments on a motion by Bretz, who said the hearing would be akin to a trial and thus could not take place.

Livas told Bretz and DeBord he would hear arguments on whether Bereket-Ab could be tried in his absence one week before the trial date.

"I reviewed the law also, and there are some exceptions," Livas said.

Bereket-Ab, who was charged with predatory criminal sexual assault, allegedly first had sex with the relative in 2002, when he was 16 and she was younger than 13. The sex continued until 2004, prosecutors said.

The girl had an abortion in 2004, and DNA tests showed "a 99.99 percent probability" that Bereket-Ab, who was adopted, was the father, according to court documents.

He was arrested in 2004 and later released from Will County Jail after posting $10,000 bail. He also surrendered his passport, issued in his native Ethiopia, according to court records.

When Bereket-Ab failed to show up for a court date in late August, Livas issued a warrant for his arrest, with bail set at $20 million cash. Bereket-Ab has failed to show up for two more recent court dates, and DeBord said he was no longer living at the address he gave to authorities.

If convicted of predatory criminal sexual assault, Bereket-Ab would face between 6 and 30 years in prison and have to register as a sex offender.

Livas in August rejected a plea deal, calling it a "travesty." Under the deal, the felony assault charge would have been dropped and the young man would have pleaded guilty to misdemeanor battery.

He then would have been sentenced to 24 months of conditional discharge, a type of probation that leaves no permanent record if served without further incident.

He also would have been barred from having contact with the girl.

After Livas rejected the deal, State's Atty. James Glasgow demoted then-First Assistant State's Atty. Phil Mock, who had approved it. Glasgow said he would not have approved the deal "under any circumstances."

In the motion scheduled to be heard Tuesday, Bretz argued Livas replaced the felony charges with misdemeanors in open court before he rejected the plea deal. As a result, Bereket-Ab now stands charged only with misdemeanor battery, which carries a maximum sentence of one year in jail, Bretz argued.

DeBord, in turn, argued that because Livas rejected the deal before it was completed, the felony charges were never dropped.

That issue likely will have to be addressed if Livas decides the young man can be tried without being present.